Illinois has opted out of the federal exemptions for residents.
“[R]esidents of this State shall be prohibited from using the
federal exemptions provided in Section 522(d) of the
Bankruptcy Code of 1978 (11 U.S.C. 522(d)), except as may
otherwise be permitted under the laws of Illinois.” 735 I.L.C.S.
5/12-1201. Therefore, nonresident debtors are eligible for the
federal exemptions because the opt-out does not apply to
them. In re Chandler, 2007 WL 643319 (Bankr.N.D.W.Va.
2007) (because Georgia had not opted out for nonresidents,
debtor was eligible for federal exemptions); In re Battle, 2006
WL 3702734 (Bankr.W.D.Tex.2006) (Florida’s opt-out, which
was limited to residents, did not bar debtor from claiming
federal exemptions); In re Underwood, 342 B.R. 358 (Bankr.N.
D.Fla.2006) (because debtor was not a resident of Colorado
on date of filing and Colorado’s opt-out was limited to
residents, debtor was eligible for federal exemptions); In re
Schulz, 101 B.R. 301 (Bankr.N.D.Fla.1989) (because debtor
was not resident of Florida on date of filing and Florida’s opt-
out was limited to residents, debtor was entitled to federal
exemptions); In re Volk, 26 B.R. 457 (Bankr.D.S.D.1983)
(debtors were eligible for federal exemptions because South
Dakota’s opt-out was limited to residents); In re Walley, 9 B.R.
55 (Bankr.S.D.Ala.1981) (because Alabama’s opt-out was
limited to residents and debtor was not a resident of Alabama
on date of filing, debtor could use the federal exemptions).